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AF | BCMR | CY2012 | BC-2012-05598
Original file (BC-2012-05598.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05598
		
		COUNSEL:  NONE

		HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill benefits to his 
dependents.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was on terminal leave at the time the Post-9/11 GI Bill 
transfer benefit was announced.  He applied for the benefit; 
however, his eligibility was not approved until after his 
retirement date of 1 September 2009.

In support of the appeal, the applicant submits his certificate 
of eligibility. 

The applicant’s complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant retired from the Air Force on 1 September 2009 in 
the grade of lieutenant colonel.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial.  Any member of the Armed Forces 
who, on or after 1 August 2009, who is eligible for the Post-
9/11 GI Bill, has at least 6 years of service on the date of 
election my transfer unused Post-9/11 benefits to their 
dependents.  Service Secretary’s were required, as of 22 June 
2009, to provide and document counseling regarding these 
benefits.  The Air Force issued AFGMI on 23 July 2009, which 
required pre-separation counseling be documented on DD Form 
2648.  However, the Air Force did not seek out members who were 
already on terminal leave, or had already completed separation 
counseling.  

The Air Force developed a communication plan that used the Air 
Force Personnel Commander and the Education and Training 
Sections at each installation to serve as spoke persons to 
communicate the Post-9/11 GI Bill transfer program.  There were 
various articles regarding the requirement to be on active duty 
on 1 August 2009 to be eligible for this benefit.  Since 
1 August 2009, the Air Force has approved 50,000 transferability 
applications.

The applicant did not provide adequate justification.  He 
applied for the Post-9/11 GI Bill but did not initiate a 
transfer of that benefit through the Defense Manpower Data 
Center (DMDC) website.  There is also no record of the transfer 
in the member’s records.  If the Board finds there was an 
injustice to the extent that he did not receive adequate pre-
separation counseling as required, and was not personally 
notified about the need to transfer the benefit while serving in 
the Armed Forces, the Board may approve the request.

The complete DPSIT evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant appreciates the opportunity to respond to the Air 
Force advisory and points out that he could not transfer his 
benefits via the DMDC website until he established his 
eligibility through the Veterans Affairs.  His eligibility was 
not confirmed until 13 November 2009, well after his retirement 
date making it impossible for him to transfer his benefits while 
on active duty.

The applicant’s complete response, with attachments, is at 
Exhibit D.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing 
law or regulations.

2.	The application was timely filed.

3.	Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  After a 
thorough review of the evidence of record and the applicant’s 
complete submission, we are persuaded that relief is warranted.  
In this respect, we note the applicant has provided 
documentation substantiating he applied for his eligibility 
through the VA and then initiated the Transfer of Education 
Benefits (TEB) request for his dependents.  Given the 
circumstance that his eligibility request was not approved until 
after his retirement and the fact that he did take affirmative 
action to transfer his educational benefits, we find a 
sufficient basis to conclude that he has been the victim of an 
injustice and therefore, recommend the records be corrected as 
indicated below.

4.	The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably 
considered.


________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that on 
30 August 2009, he elected to transfer his Post 9/11 GI Bill 
Educational Benefits.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-05598 in Executive Session on 24 September 2013, 
under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The 
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Nov 12, w/atch.
    Exhibit B.  Letter, AFPC/DPSIT, dated 12 Dec 12.
    Exhibit C.  Letter, SAF/MRBR, dated 11 Jan 13.
    Exhibit D.  Letter, Applicant’s Response, dated 4 Feb 13, 
                w/atchs.


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